Presidential Authority to Decline to Execute Unconstitutional Statutes – 1994 Legal Memorandum

Summary

Presidential Authority to Decline to Execute Unconstitutional Statutes – 1994 Legal Memorandum The memorandum recites established case law and historical practice supporting a president's ability to refuse enforcement of statutes deemed unconstitutional. It contains no new factual allegations, names, dates, or transactions that could be pursued as investigative leads. The content is largely a restatement of well‑known legal doctrine, offering minimal investigative usefulness or novel controversy. Key insights: Cites Myers v. United States (1926) and Freytag v. Commissioner (1991) as judicial support for presidential refusal to enforce unconstitutional laws.; References historical opinions (e.g., Captain Meigs memo, 1860) and OLC/AG guidance affirming the practice.; Notes that presidents have historically signaled intent not to enforce specific statutory provisions.